Request to Rezone 1857 Miller RoadPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning@cityofdubucitte.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
sits
refill!
hVi -t0ii •4011
THE CITY 0
DUB
Masterpiece on he Mississippi
January 14, 2014
Applicant: Tom Henschel
Location: 1857 Miller Road
Description: To rezone property from R -1 Single - Family Residential to AG Agricultural
zoning district.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Commissioner Henschel removed himself from the table, and addressed the
Commission as the applicant. He spoke in favor of the request, noting that if the
existing agricultural structures in the R -1 district are lost to fire, they could not be rebuilt.
Staff reviewed the staff report, surrounding zoning and land use, flood plain limits, and
the location of the farm house and related agricultural buildings. Staff noted that the
requested rezoning is consistent with the AG Agricultural zoning on three sides of the
existing R -1 District.
There were no public comments.
The Zoning Advisory Commission discussed the request and felt it was appropriate.
Recommendation
By a vote of 4 to 0 with abstention by Commissioner Henschel, the Zoning Advisory
Commission recommends that the City Council approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
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THE CITY OF
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Masterpiece on the Mississippi
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ezoning /PUD /ID
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PLANNING APPLICATION FORM
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DAnnexation
['Historic Revolving Loan
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City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563 -589 -4210
Fax: 563 -589 -4221
planning(lo cityofdubuaue.orn
❑Certificate of Appropriateness
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Please type or print legibly in ink
Propertyowner(s): 2Z'o»t 3 /- geh) Phone: S47- c..S Z1 '3
City: ic,e/2(etLIF; State•Tj4 zip:t7o03
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Address: ✓� 7 . 'E'" W,.
Fax #: Cell #: S63- S .
Applicant /Agent:
Address: City: State: Zip:
Fax #: Cell #:S'6 M ` A E -mail:
/4-76, 1 �g?n ->7,91 .
Site location /address: Neighborhood Association:
Existing zoning: r ` ! Proposed zoning: /Ate® District: I� U
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):— — ID I5-'0Z
Total property (lot) area (square feet or acres): 1
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Landmark: ❑ Yes
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CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant /Agent: Date:
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee: 13G'- Received by:
Date: /! `Z7 {3jocket:
PILEitomasivi
Path: H:IPlannin Services \EVB\ArcGISMa s \Vicinit Ma 1857Miller.mxd
Base Data Provided by Dubuque County GIS 5 P Y P_
Masterpiece on the Mississippi
Vicinity Map
Applicants: Thomas L. Henschel
Dubuque
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AlJeiCa
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11111r
2007 . 2012 •2019
Location: 1857 Miller Road
Parcel: 15 -02- 204 -010 &
15 -02- 129 -024
Description: To rezone from R -1, Single
Family Residential zoning
district, to AG, Agriculture
zoning district.
Legend
1857 Miller Road
DISCLAIMER: This information was complied using the
Dubuque Area Geographic Information System (DAGIS), which
includes data created by both the City of Dubuque and
Dubuque County. It Is understood that, while the City of
Dubuque and participating agencies utilized the most current
and accurate Information available. DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and participating agencies shall not
be held Gable for any direct, indirect, Incidental, consequenti
punitive. or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized
use of this data or the inability to use this data or out of any
breach of warranty whatsoever.
at,
1:5,000 NORTH
REZONING STAFF REPORT Zoning Agenda: January 8, 2014
Property Address: 1857 Miller Road (Parcel #15 -02- 204 -010 & 15 -02 -129 -024)
Property Owner: Tom Henschel
Applicant: Tom Henschel
Proposed Land Use: Agricultural Proposed Zoning: AG
Existing Land Use: Agricultural /Residential Existing Zoning: R -1 SF Residential
Adjacent Land Use:
Former Zoning:
North — Vacant/residential
East — Agricultural /flood plain
South — Agricultural/flood plain
West — Agricultural /flood plain
1934 — County AG
1975 —AG
1985 — AG
Adjacent Zoning: North — R -1
East —AG
South —AG
West —AG
Total Area: 1.5 acres
Property History: The property was initially subdivided circa 1850 and a farm house
and barn were built at this location in 1880. The property has been utilized for farming
on and off until the present. Currently, there is a farm house and several outbuildings
on the property.
Physical Characteristics: The portion of the property to be rezoned is approximately 1.5
acres in area and takes access from a driveway at the western terminus of Miller Road.
The property is relatively level and is located at the toe of a wooded bluff. The property
currently accommodates a 2,300 square foot metal machine shed and a single - family
farm house.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to remain agricultural and flood plain.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site, and the proposed rezoning
should not impact them.
Traffic Patterns /Counts: There are no traffic counts for Miller Road at this location.
However, the rezoning should not increase the amount of vehicle trips generated
from this property.
Rezoning Staff Report m 1857 Mill Road Page 2
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment as
no development is currently proposed at this location and the use will remain
unchanged.
Adjacent Properties: The nearest residence to the subject property is
approximately 300 feet away and is located at the top of the bluff. The adjacent
residential properties are buffered by a wooded hillside. Therefore, the rezoning
should not change the status quo of the subject lot and should have very limited
impact on the adjacent residential properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone approximately 1.5 acres of an
existing approximately 40 acre farmstead from R -1 Single- Family Residential to AG
Agricultural district. Shifting the zoning district boundary north will incorporate the
existing single - family farmstead and a machine shed into the adjacent agriculturally
zoned farm property that includes six additional outbuildings. Currently, the machine
shed is legally non - conforming in that an accessory building of this size and use is not
permitted in an R -1 Single - Family Residential zoning district. Incorporating the machine
shed and the farm house into the Agricultural District will bring the machine shed into
conformity and will not affect the status of the farm house.
The zoning change should not alter the current use of this property and should have
very limited impact on the adjacent residential property as it is well removed in both
distance and elevation, and is well buffered by a wooded hillside.
Staff recommends the Board review Article 9.5 of the Unified Development Code
regarding zoning reclassification.
Prepared by: C ru.=A4.�� j Reviewed:
Section 2 —Land Use Regulations
Farm, field crops
Farm, livestock
Winery
Seasonal sale of
produce grown
on site
Article 5: Zoning Districts
5 -21 AG Agriculture
The AG District is intended to conserve farm land for agricultural purposes and to serve
as a "holding" zone to prevent the premature development of large land acreages and of
recently annexed land for which the most appropriate future use has not yet been deter-
mined.
5 -21.1 Prohibited Uses
The following uses are prohibited in the AG district:
1. Feedlot
2. Livestock confinement operation
5 -21.2 Principal Permitted Uses
The following uses are permitted in the AG district:
1. Farming and agriculture, including the raising of field crops and livestock, horticul-
ture, forestry, animal husbandry, and similar farming activities
2. Noncommercial nursery
3. Railroad or public or quasi- public utility, including substation
5 -21.3 Conditional Uses
The following conditional uses may be permitted in the AG district, subject to the provi-
sions of Section 8 -5:
1. Kennel
2. Retail sale of agricultural products
3. Wind energy conversion system
4. Winery
5 -21.4 Accessory Uses
The following uses may be permitted as accessory uses as provided in Section 3 -7:
1. Barbed wire or electric fences when used for livestock containment
2. Barn, shed or similar structure
3. Seasonal sale of produce grown on site
4. Single- family detached dwelling, provided it is located on a lot of 10 acres or more
and is incidental and subordinate to an active agricultural use it serves
5. Wind turbine (building - mounted)
5 -21.5 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -21.6 Parking
Minimum parking requirements shall be regulated in conformance with the provisions
of Article 14.
5 -21.7 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
11IECIlY0
DUB
Section 2 —Land Use Regulations
5 -21.8 Bullc Regulations
Reserved for future use
te
Property Line i
Lot Width
t o
Lot
Area
L1J
1-Pc
14–Lot Frontage
Street
111ECT'OF
Dus
Buildable A ea
Iv*
Street
Article 5: Zoning Districts
t Midpoint
Height
Shed Roof
Midpoint
Height
1
Gable or Hip Roof
Deckline
Height
Mansard or Gambrel Roof
fHighest Level
Height
Flat Roof
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589-4221 fax
(563) 690 -6678 TDD
planning@cityofdubuque.org
Tom Henschel
1857 Miller Rd
Dubuque IA 52003
Dubuque
All•AmericaCity
II
2012
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
THE CITY OF
Dui
Masterpiece on the Mississippi
October 3, 2013
The City Council will consider your request to rezone property located at 1857 Miller
Road at a public hearing on Tuesday, January 21, 2014. Please attend this meeting, or
send a representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd
Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Kyle L. Kritz
Associate Planner
Enclosures
cc: ,\( Kevin Firnstahl, City Clerk
Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 5 -14
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 1857 MILLER ROAD FROM R -1 SINGLE -
FAMILY RESIDENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by reclassifying the hereinafter - described property
from R -1 Single - Family Residential District to AG Agricultural District, to wit:
Lot 2 of Henschel's Hidden Acres and a portion of Lot 1 of Double H Hidden Acres,
and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as
provided by law.
Attest:
Passed, approved and adopted this 21st day of January, 2014.
"17,4
Kev Firnstah , CitIerk
OFFICIAL
PUBLICATION
' ORDINANCE NO. 5-14
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF DU-
BUQUE CODE OF OR-
DINANCES, UNIFIED
DEVELOPMENT
CODE, BY RECLAS-
SIFYING HEREIN-
AFTER DESCRIBED
PROPERTY ,LOCATED
AT 1857 MILLER
ROAD FROM R -1
SINGLE- FAMfLY RES-
' IDENTIAL DISTRICT
i TO AG AGRICULTUR-
AL DISTRICT.
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE [
CITY OF DUBUQUE, IO-
WA:
Section 1. That Title
16 of the City of Dubu-
que Code of Ordinan-
ces,'the Unified Devel-
opment Code, Is here-
by amended by
reclassifying the here-
inafter-described prop-
erty from R -1- Single-
Family Residential Dis-
trict to AG Agricultural
District, to wit:
Lot 2 of Henschel's
Hidden Acres and a
portion of Lot 1 of Dou-
ble H Hidden Acres,
and to the centerline of
' the adjoining public
right -of -way, all In the
City Of Dubuque, Iowa.
' Section 2. That the
foregoing amendment
has heretofore been
reviewed, by the Zoning
Advisory Commission
• of the City of DubUque,
Iowa:
Section 3. This Ordi-
nance shall take effect
Immediately upon pub-
lication, as provided by
law.
Passed, approved and
adopted this 21st day
of January, 2014.
/s /Roy D. Buol,
Mayor
Attest://s/Kevin $.
Firnstafil, City Clerk
PUbllshed offiOlally In-
the Telegraph Herald
newspaper on the 24th
day of January 2014.
/s /Kevin S. Flrnstahl,
City Clerk'
1t 1/24
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: January 24, 2014, and for which the charge is $15.05.
PL.4
Subscribed to before me Notary Public in and for Dubuque County, Iowa,
this a � day of , 20 /y�- .
tary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning @cityofdubuque.org
Tom Henschel
1857 Miller Rd
Dubuque IA 52003
Dubuque
butitel
All-America ity
'1I fiemerica ,
2012
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
THE CITY OF
Lui
Masterpiece on the Mississippi
_Dsteber 3, 201-3
The City Council will consider your request to rezone property located at 1857 Miller
Road at a public hearing on Tuesday, January 21, 2014. Please attend this meeting, or
send a representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd
Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Kyle L. Kritz
Associate Planner
Enclosures
cc: ` Kevin Firnstahl, City Clerk
Service
People
Integrity
Responsibility
Innovation Teamwork
CITY OF DUBUQUE, •
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que City Council will
conduct a public hear-
ing at a meeting to
i commence at 6:30 p.m.
on January 21, 2014, in
the Historic Federal
Building, 350 West 6th
Street, on the follow-
ing:
Requests to Rezone
Request by John & An-
gie Long; Ron & Denise
Reeg to rezone proper -
ty at located at 1060
Edina (Parcels 10 -23
4477 -006 •& 10-23- 477 -
007) from R•1, Single
Family Residential Zon-
ing District, to R -2,
Two- Family Residential
Zoning District;
' Request by Thomas L.
Henschel to rezone
property located at
1857 Miller Road (Par-
cel 15 -02- 204 -010 & 15-
02- 129 -024) from R -1,
Single- Family Residen-
tial Zoning District, to
AG, Agriculture Zoning
District.
Written comments fe-
garding the above pub-
lic hearings may be
submitted to the City
Clerk's Office on or be-
fore 'said time of public.
hearing. At said time
and place of public .
hearings all Interested
,• citizens and parties 1
will be given an oppor-
tunity to be heard for
or against said actions.
Copies of supporting
documents for the pub -
lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during normal
working hours.
Any visual or hearing
impaired persons
needing special assis -
tance or persons with
special accessibility
needs should contact
the City Clerk's Office
at (563) 589 -4100 or
TTY (563) 690 -6678 at
least 48 hours prior to
the meeting.
Kevin S. Firnstahl,
CMC, City Clerk
It 1 /10
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc„ an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: January 10, 2014, and for which the charge is $20.02.
,P64
Subscribed to before m- Notary Public in and for Dubuque County, Iowa,
this ,e/a4- day of = �� , , 20 /7 .
Notary Public in and for Du
uque County, Iowa.
MARY K. WESTERMEYER
Commisslon Number 154885
My Comm. Exp. FEB, 1, 2017